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(영문) 서울서부지방법원 2016.11.24 2016고단2889
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 06:10 on May 12, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven BMW Z4 car while under the influence of alcohol at the 0.141% of blood alcohol concentration on the five-lane roads adjacent to the 39 river-ro 1-gil, Mapo-gu, Seoul Metropolitan Government, the Do-ro, 1-ro, 39, the GMW Z4 car was driven at a speed that makes it impossible for the Defendant to know one-lane in accordance with the eth of gender acid.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the steering direction and brake system of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the victim C(49 years of age) driving in the same lane, which was proceeding along the same lane as that of the Defendant, and received the back panion in front of the passenger car right side of the Defendant.

In the end, the Defendant, due to influence of drinking, driven a car in a state where it is difficult to drive the car normally, such as smelling in a drunken, unstable walking, and fluening red, resulting in the Defendant’s loss of the left-hand pelle in which the victim’s treatment days cannot be known.

2. Around 06:10 on May 12, 2016, the Defendant driven BMW 4 car in the state of alcohol alcohol concentration of approximately 0.141% at the section of about 1km from the 1km to the road near the mountain direction in Mapo-gu Seoul, Mapo-ro 1-ro 39 Gangnam-do, Mapo-gu, Seoul, to the Masan-do, GM 3 car.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, and comprehensive analysis and replies on traffic accidents;

1. Report on the result of the crackdown on drinking driving;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of each medical certificate, investigation report (related to human damage of a victim), investigation report (related to confirmation of the degree of injury of a victim) Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and specific crimes as to the choice of punishment.

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